High Courts Weekly Round-Up
Allahabad High Court
The Allahabad High Court upheld the CBI enquiry ordered by the Central Government into serious allegations against the Uttar Pradesh Public Service Commission (UPPSC) in respect of examinations and their results held/declared during the period between 01.04.2012 and 31.03.2017.
The High Court, on Friday, directed the State Government to ensure that all Government officials and employees, who receive salary or other financial gains from public exchequer, should avail medical care services only from hospitals run and maintained by the Government.
Andhra Pradesh High Court
The Andhra Pradesh High Court recently upheld dedication of entire property to Tirumala Tirupati Devasthanam by a well-known family who had committed suicide by setting themselves on fire in the year 1994.
Bombay High Court
Taking stern view of the non-compliance of its orders, the Bombay High Court last week imposed costs of Rs. 4,50,000 on a charitable trust. Imposing the costs, Justice G.S. Patel made it clear that this is how such delays and non-compliances should be dealt with
In a major relief for parents battling fee hike by private minority schools, the Bombay High Court said provisions of the Maharashtra Educational Institute (Regulation of Fees) Act, 2011 were applicable to all schools and the education department can take action against any institute refusing to abide by it.
At this point of time, the Judiciary is mired in challenges of a very grave nature, perhaps like never before, said the Bombay High court while observing that some litigants and their lawyers have virtually no fear or hesitation in making false statements and misrepresentations before the Court.
Delhi High Court
The Delhi High Court, on Tuesday, upheld the Rs. 2,950 crore arbitration award along with interest to Delhi Airport Metro Express Private Limited (DAMEPL), a subsidiary of Reliance Infrastructure Limited (RInfra) against Delhi Metro Rail Corporation Limited.
The High Court recently upheld the decision of a Family Judge who had granted divorce to a husband accepting leveling of baseless allegations of illicit relationships as amounting to cruelty.
Putting to rest the controversy surrounding the appointment of warden in Delhi University’s Daulat Ram College, the Delhi High Court on Friday directed the governing body of the college to initiate the process of appointment of warden within two weeks.
The Delhi High Court, on Friday, upheld Justice Vibhu Bakhru’s in-depth analysis of the provisions relating to renewal and restoration of the trademark in the case of M/S Epsilon Publishing House Pvt. v. Union Of India.
Lodged in CBI custody in INX Media case since February 28, Karti Chidambaram got some relief on Friday with the Delhi High Court granting him interim protection from being arrested by the Enforcement Directorate (ED) till March 20.
Embroiled in the controversy surrounding attack on Chief Secretary Anshu Prakash, AAP MLA Prakash Jarwal was on Friday granted bail by the Delhi High Court which also took note of the continued harassment of the senior bureaucrat who was recently issued notice by the Delhi Assembly Committee.
Gujarat High Court
The Gujarat High Court, on 27 February, refused to grant interim relief on a Petition demanding exemption for students from submitting Aadhaar number while appearing for Joint Entrance Examination (Main Unit), 2018 (JEE) and National Eligibility-cum-Entrance Test Unit, 2018 (NEET).
In line with the Supreme Court’s directives on speedy disposal of cheque dishonor cases, the High Court recently directed the Trial Court to allow the accused to pay the amount directly in the complainant’s bank account and intimate the Court through an Email.
Karnataka High Court
The Karnataka High Court observed that mere non-sending of the wife to her parental house does not amount to cruelty. In the instant case, the husband and mother in law were accused of abetting suicide of the wife and also that they subjected her to both mental and physical harassment.
The High Court, while dismissing a plea of some advocates seeking removal of a government-appointed advocate, observed that the disposal of the case or delay therein cannot be solely attributed to any one advocate appearing for a litigant in the court of law.
In a major setback to Karnataka Public Service Commission and the candidates selected in 2011 for the post of gazetted probationary officers, the High Court quashed all appointment orders so issued considering the nature of malpractices in the selection process.
Kerala High Court
The Kerala High Court stayed the trial in the case of Madrasa teacher Riyas Moulavi’s murder after his wife petitioned that the trial in the matter without incorporating provisions of the Unlawful Activities Prevention Act (UAPA) would be denial of justice to her and send a wrong message to the society.
A division bench of the High Court set aside the judgment of a single bench which had held that brothers of the deceased will inherit self-acquired property in preference of daughters of the deceased in Makkathayam law. The division bench held that daughters have the right to succeed to the estate, in exclusion of the brothers.
The High Court of Kerala has made new rules for the designation of senior advocates titled, ‘High Court of Kerala (Designation of Senior Advocates) Rules 2018, which is expected to be published in Kerala Gazette on this March 15. The new rules are made in the light of the guidelines and norms laid down by the Supreme Court regarding designation of senior advocates in its judgment in Indira Jaising v. Union of India.
The High Court ordered police to investigate into allegations against Major Arch Bishop and others of the Syro-Malabar Church in connection with the Syro-Malabar Church land deal.
The High Court, on a plea of a lady whose husband works abroad, directed the Registrar of Marriage to allow power of attorney holder of the husband to sign in the marriage register, after verifying the identity of the husband by holding a video conference.
The High Court, on a plea of parents of a youth who was murdered in Kannur, has directed to hand over the investigation to the Central Bureau of Investigation. Justice B Kemal Pasha observed that there are latches and delays in police investigations and it lacks transparency. The court also observed that this is a clear case which comes within the category of terrorism as defined under Section 15 of the Unlawful Activities (Prevention) Act (UAPA), 1967.
Madhya Pradesh High Court
The Madhya Pradesh High Court, in MP Mansinghka v Dainik Pratah Kaal, observed that inaccurate and selective reporting of court proceedings is not protected by virtue of Exception 4 of Section 499 of Indian Penal Code.
The High Court of Madhya Pradesh granted anticipatory bail to a man accused sharing a morphed picture of Prime Minister of India in a WhatsApp group after he apologized to the complainant.
Madras High Court
A Division Bench of the Madras High Court referred to a larger bench the question whether Tamil can be made a compulsory subject in Board Examination.
Punjab & Haryana High Court
The Punjab and Haryana High court upheld a trial court order annulling the marriage between a girl and a godman on the ground that consent for marriage was obtained by using the fiduciary relationship as a Godman.